REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit

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When evaluating whether a local agency has determined an appropriate bargaining unit under local rules adopted pursuant to the MMBA, PERB considers whether the agency’s determination was reasonable. If reasonable minds could differ over the appropriateness of the determination, PERB should not substitute its judgment for that of the local agency. PERB deferred to local agency’s unit determination when some community of interest factors weighed in favor of the proposed unit and some weighed against it.